At the top of the news, we gave a blow by blow of today's huge appeal case, which was heard by the Caribbean Court of Justice in Belize today. So, what
effect does this consent order have on the case brought by the Mayans against the Government of Belize because it granted an oil exploration permit to
US Capital Energy?
Viewers may remember that US Capital has a permit to explore for oil inside the Sarstoon Temash National Park, which the Mayans say that the Government
granted to them without consultation within the Mayan communities. They asserted that this was especially important because if, by some misfortune, the
Temash Drill site were somehow to get out of control and there is a spill or some sort of environmental hazard emerged, they would be the ones directly
impacted by a decision they had no say in. It also sparked great controversy when the claimants harshly criticized the government for its decision to
extend that permit by waiving the expiration date last year after the case ended up before the Supreme Court.
The last we heard of that case was that it was to have been taken through the process of court ordered mediation. We asked SATIIM's Executive Director
for an update, as well as her opinion of how this victory before the CCJ could possibly affect that case. The main issue in that case, is whether or
not the Government was correct to grant that permit without consultation with the Mayans. This new consent order delivered today says that the
Government cannot make any sort of decisions, such as this permit, without involving the Mayans in that decision. Froyla Tzalam told us this afternoon
that SATIIM will look at the judgment in the context of that permit to US Capital that they are challenging:
Froyla Tzalam - Executive Director of SATIIM
"It's not that we're anti-oil development or any kind of development but what ever happens in our land, must be done with out full consent. Not the
consent that's being carried out as we know as, according to many of the communities, where it's just a quick meeting, an hour the most, names are
collected and that's it. That's not consent, that's just a collection of signatures. For us, we can only continue - you ask the question about the case
we have at hand. Unfortunately, it has almost seem to have died a natural death. Certainly, the vindication of judgment will serve to refuel some of
the arguments that we would want to look at. Where do we go from here? What options do we have? To me, the glass is really three quarters full."
Denys Barrow - Attorney for GOB
"This is also a point that I made to the court, that consultation is not required to be held with the 38 villages, with the umbrella organisation - the
Toledo Alcalde Association, the Maya Leaders Alliance, etc. Consultation is to be held with the affected village because it is not all 38 villages
which will be affected. If the affected village want to have assistance report representation from the umbrella organisations, it is entirely open to
them to seek that. But we need to be clear who government need to negotiate with, who's consent it must get and it is not it must get the consent of
the whole world. After that first permit was granted, the one which was challenged - government went and consulted with Sunday Wood village. Full, two
times they consulted with the entire village and got their consent."
So, what's up with the oil explorations at the Sarstoon Temash Drill Pad? Has US Capital pulled out? That was the subject of an article in the weekend
Issue of the Amandala Newspaper, which reports that the company has packed up its drill rig and shipped it back to Mexico.
We asked SATIIM's Executive Director if they have any information on the status of the operations at the Temash Drill pad. Here's what she told us:
Daniel Ortiz
"You know anything about the current status of the US capital exploration at the Temash Drill pad? Had that continued? Has it seized? Is it stalled?
What is happening with that as far as SATIM is aware?"
Froyla Tzalam
"The information has come to us, is that they have currently stop drilling and this would be the second time they have stopped drilling at A1 drill
site. I believe they are to start in 3 months time. One reason I've officially given is the fact that the poisonous gas was being released. The other
unofficial reason and I think is the more fundamental reason is that investors are pulling out. You all are aware there is a global oil slump in
prices. I believe that US capital is being affected just like all other exploration companies around the world. Investors are biding, they're waiting
their time to see what happens - but to answer the question, have they stopped? No, they're just in pause. What does this judgement mean for us? I
believe that we will have to look at. Certainly as you're aware, the permit had been extended to them for one more year. We would have to look at the
legal status of where they are and align it with this current judgement."
The Amandala quotes Alistair King, the representative of US Capital Energy in Belize, as saying "It's not over until it's over!" That's because they
will be allowed to drill deeper to check out the geological formations and find out if oil can be extracted in commercial quantities.
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